Senate Bill S2652

2011-2012 Legislative Session

Requires employers to provide safety ropes and system components to firefighters; repealer

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Archive: Last Bill Status - In Senate Committee Labor Committee

Introduced
- In Committee Assembly
- In Committee Senate
- On Floor Calendar Assembly
- On Floor Calendar Senate
- Passed Assembly
- Passed Senate
Delivered to Governor
Signed By Governor

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Date of Action	Assembly Actions - Lowercase Senate Actions - UPPERCASE
Jan 27, 2011	referred to labor

2011-S2652 (ACTIVE) - Details

Current Committee:: Senate Labor
Law Section:: Labor Law
Laws Affected:: Amd §27-a, rpld sub 1 ¶e, Lab L
Versions Introduced in 2009-2010 Legislative Session:: S966

2011-S2652 (ACTIVE) - Summary

Requires employers to provide safety ropes and system components to firefighters.

2011-S2652 (ACTIVE) - Sponsor Memo

                                BILL NUMBER:S2652

TITLE OF BILL:
An act
to amend the labor law, in relation to requiring employers to provide
safety ropes and system components to firefighters; and to repeal
paragraph e of subdivision 1 of section 27-a of the labor law relating
to the definition of "system components"

PURPOSE:

This Bill would require the Department of Labor to promulgate
regulations concerning the rapid egress by firefighters when engaged
in fire suppression activities at above grade floors during structure
fires.

SUMMARY OF PROVISIONS:

Section 1 of the Bill repeals the definition of "system components"
found in paragraph e of subdivision 1 of section 27-a of the Labor Law.

Section 2 of the Bill amends subdivision 4 of section 27-a of the
Labor Law to require the Commissioner of the Department of Labor to
promulgate regulations concerning the rapid egress by firefighters
when engaged in fire suppression activities at above grade floors
during structure fires.

Section 3 of the bill is the effective date.

JUSTIFICATION:

On January 23, 2005, six (6) New York City Firefighters were caught on
the fourth floor of a burning building in the Bronx. The
firefighters, however, were not equipped with safety ropes and
accompanying equipment. All six (6) men were forced to jump from the
building, resulting in serious injury to four (4) and the death of
two (2). This incident has become commonly referred to as "Black
Sunday" in the firefighting community.

In response to the Black Sunday incident, the Legislature eventually
enacted Chapter 433 of the Laws of 2008 ("Chapter 433"), which
required, among other things, that the Commissioner of the Department
of Labor (the "Commissioner") to promulgate regulations to adopt the
codes, standards, and recommended practices promulgated by the "most
recent" edition (i.e., the 2006 edition) of National Fire Protection
Association ("NFPA") 1983 Standard on Fire Service Life Safety Rope
And System Components.

NFPA standards, however, are continually changing in order to maintain
pace with advancements in technology. By restricting the Commissioner
to the 2006 edition of the NFPA 1983 Standard, Chapter 433 has, in
effect, hampered the Commissioner's ability to effectively respond to
changes in technology, which could have the unintended effect of
putting firefighters' lives at risk.


In addition, firefighters carry certain standard equipment, which may
be used during a self rescue/escape, that may not be covered by the
NFPA 1983 Standard. For example, it is an accepted practice for a
firefighter to carry a Halligan bar (also called a Halligan tool)
into a building. To be sure, in most fire companies, firefighters do
not enter a building without one. One of the many accepted uses for
the Halligan Bar is for a firefighter to use it during a self
rescue/escape
- i.e., the exact situation covered by Chapter 433. It is an
accepted practice (and one that is taught during training) for a
firefighter who faces a self rescue/escape situation to jam or
wedge his Halligan bar into a wall or a corner as an anchor point,
tie off his rope to it and proceed to extract himself out a window.
The problem, however, is that a Halligan bar is currently not covered
by the NFPA 1983. In effect what Chapter 433 has inadvertently done
is to prevent the firefighting community to use equipment generally
recognized as acceptable because it is not covered by the NFPA 1983
Standard On Fire Service life Safety Rope And System Components.

This Bill will provide the Commissioner with the latitude to
effectively respond to the needs of the firefighting community and to
ensure the safety, to consider alternatives and to provide
communities with the flexibility to equip their firefighters with
equipment that best suits their unique needs.

LEGISLATIVE HISTORY:

This is a new Bill.

FISCAL IMPLICATIONS:

Minimal.

EFFECTIVE DATE:

Immediately.

2011-S2652 (ACTIVE) - Bill Text download pdf

                            
                    S T A T E   O F   N E W   Y O R K
________________________________________________________________________

                                  2652

                       2011-2012 Regular Sessions

                            I N  S E N A T E

                            January 27, 2011
                               ___________

Introduced  by  Sen.  KRUGER -- read twice and ordered printed, and when
  printed to be committed to the Committee on Labor

AN ACT to amend the labor law, in relation  to  requiring  employers  to
  provide  safety  ropes  and  system components to firefighters; and to
  repeal paragraph e of subdivision 1 of section 27-a of such law relat-
  ing to the definition of "system components"

  THE PEOPLE OF THE STATE OF NEW YORK, REPRESENTED IN SENATE AND  ASSEM-
BLY, DO ENACT AS FOLLOWS:

  Section  1.  Paragraph e of subdivision 1 of section 27-a of the labor
law is REPEALED.
  S 2. Paragraph c of subdivision 4 of section 27-a of the labor law, as
amended by chapter 433 of the laws  of  2007,  is  amended  to  read  as
follows:
  c.  [Except  for] NOTWITHSTANDING THE PROVISIONS OF PARAGRAPHS A AND B
OF THIS SUBDIVISION, THE COMMISSIONER SHALL PROMULGATE RULES  AND  REGU-
LATIONS TO ENSURE EMPLOYERS PROVIDE FOR THE RAPID EGRESS BY FIREFIGHTERS
WHEN ENGAGED IN FIRE SUPPRESSION ACTIVITIES AT ABOVE GRADE FLOORS DURING
A  STRUCTURE  FIRE.  SUCH  RULES  AND  REGULATIONS SHALL NOT APPLY TO an
employer located in a city with a population of over one  million[,  any
employer who employs a firefighter shall provide safety ropes and system
components  for  use by such firefighter. The commissioner shall by rule
adopt the codes, standards and recommended practices promulgated by  the
most recent edition of National Fire Protection Association 1983, Stand-
ard  on  Fire Service Life Safety Rope and System Components, and as are
appropriate to the nature of the risk to which the firefighter shall  be
exposed.  Such  safety  ropes and system components shall be adequate to
protect the health and safety of the  firefighter.  The  employer  shall
ensure that the firefighter is instructed in the proper use of the safe-
ty ropes and system components.
  In  order to ensure the adequacy of the safety ropes and system compo-
nents, the employer must routinely inspect and ensure that:

 EXPLANATION--Matter in ITALICS (underscored) is new; matter in brackets
                      [ ] is old law to be omitted.
                                                           LBD07060-01-1

S. 2652                             2

  (1) Existing safety ropes and system components meet the codes, stand-
ards and recommended practices adopted by the commissioner.
  (2)  Existing  safety  ropes and system components still perform their
function and to identify any of their limitations such as but not limit-
ed to:
  (i) Checking the labels or stamps on the equipment; and
  (ii) Checking any documentation or equipment specifications; and
  (iii) Contacting the supplier or the approval agency;
  (3) Firefighters are informed of the limitations of any  safety  ropes
and system components;
  (4)  Firefighters  are not allowed or required to use any safety ropes
or system components beyond their limitations;
  (5) Existing and new safety ropes and system components have no  visi-
ble defects that limit their safe use;
  (6)  Safety  ropes and system components are used, cleaned, maintained
and stored according to manufacturer's instructions;
  (7) The firefighter is instructed in identifying to the  employer  any
defects  that the firefighter may find in safety ropes and system compo-
nents; and
  (8) Any identified defects are corrected or immediate action is  taken
by the employer to eliminate the use of this equipment].
  S  3. This act shall take effect immediately provided that the commis-
sioner of labor shall promulgate regulations required  by  this  act  by
December 1, 2011.

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Senate Bill S2652

Sponsored By

Archive: Last Bill Status - In Senate Committee Labor Committee

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2011-S2652 (ACTIVE) - Details

2011-S2652 (ACTIVE) - Summary

2011-S2652 (ACTIVE) - Sponsor Memo

2011-S2652 (ACTIVE) - Bill Text download pdf

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Sponsored By

Carl Kruger

Archive: Last Bill Status - In Senate Committee Labor Committee

Actions

2011-S2652 (ACTIVE) - Details

2011-S2652 (ACTIVE) - Summary

2011-S2652 (ACTIVE) - Sponsor Memo

2011-S2652 (ACTIVE) - Bill Text download pdf

Comments